9
AN ACT concerning children; relating to joint
shared child custody and
10 parenting time;
concerning child support; relating to falsely reporting
11 a crime; amending
K.S.A. 20-164, 21-3422, 21-3422a, 21-3818, 23-601,
12 23-602, 23-701,
38-1302, 38-1309, 38-1310, 38-1597, 60-1607, 60-
13 1612, 60-1614, 60-1617
and 75-720 and K.S.A. 1997 Supp. 5-509,
14 20-302b, 23-9,305,
23-1001, 23-1002, 38-1121, 38-1138, 38-1563,
15 38-1569, 38-1583,
38-1641, 38-1664, 38-16,119, 60-1610, 60-1616, 60-
16 1621, 60-3107 and
74-7334 and repealing the existing sections; also
17 repealing K.S.A. 1997
Supp. 20-302c.
18
19 WHEREAS, The legislature
finds it is in the best interest of a minor
20 child to maintain, to the greatest extent
possible, the ongoing involvement
21 of both parents in the life of the minor
child. The legislature further finds
22 that parents should maintain continued
communications to make as many
23 joint decisions in performing such
parenting functions as are necessary
24 for the care and healthy development of the
minor child; and
25 WHEREAS, In any
proceeding between parents under K.S.A. 60-
26 1610 involving a minor child, the best
interests of the minor child shall
27 be the standard by which the court
adjudicates and establishes the indi-
28 vidual parental responsibilities. The state
presumes the critical impor-
29 tance of the parent-child relationship and
the child-parent relationship in
30 the welfare and development of the minor
child and that the relationship
31 between the minor child and both parents
should be fostered unless oth-
32 erwise inconsistent with the best interests
of the minor child. The best
33 interests of the minor child are served by
a parenting arrangement which
34 best serves a minor child's emotional
growth, health, stability and physical
35 care; and
36 WHEREAS, The legislature
further finds that the best interests of the
37 minor child are ordinarily addressed when
both parents remain active and
38 involved in parenting. It is the policy of
this state to assure the right of
39 children, when it is in their best
interests, to frequent and continuing
40 contact with parents who have shown the
ability to act in the best interest
41 of the children and to encourage parents to
share in the rights and re-
42 sponsibilities of raising their children
after divorce or separation.
43 Be it enacted by the Legislature of the
State of Kansas:

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1 New
Section 1. It shall be unlawful for any parent to violate
the court
2 ordered joint shared custody
provision. Upon the first violation, the court
3 shall order the offending parent to
complete a parenting class that ad-
4 dresses joint shared custody issues
within 90 days. Proof of attendance at
5 such class shall be filed with the
court. The offending parent shall pay
6 any fee associated with attending
such class. Upon a second or subsequent
7 violation of the court ordered joint
shared custody provisions, the offend-
8 ing parent shall be ordered to
perform community service in the number
9 of hours that such offending parent
denied the other parent joint shared
10 custody. The parent denied joint shared
custody shall be entitled to make-
11 up time for those denied hours of joint
shared custody.
12 Sec. 2. K.S.A. 1997
Supp. 5-509 is hereby amended to read as fol-
13 lows: 5-509. (a) The following types of
cases may be accepted for dispute
14 resolution by an approved program or
individual:
15 (1) Civil claims and
disputes, including, but not limited to, consumer
16 and commercial complaints, disputes
involving allegations of shoplifting,
17 disputes between neighbors, disputes
between business associates, dis-
18 putes between landlords and tenants,
disputes involving matters under
19 the small claims procedure act,
farmer-lender disputes, and disputes
20 within communities;
21 (2) disputes concerning
child custody and visitation rightsparenting
22 time and other areas of domestic
relations;
23 (3) juvenile offenses
and disputes involving juveniles;
24 (4) disputes between
victims and offenders, in which the victims vol-
25 untarily agree to participate in
mediation;
26 (5) disputes involving
allegations of unlawful discrimination under
27 state or federal laws;
28 (6) disputes referred by
county attorneys or district attorneys;
29 (7) disputes involving
employer and employee relations under K.S.A.
30 72-5413 through 72-5432, and amendments
thereto, or K.S.A. 75-4321
31 through 75-4337, and amendments thereto;
and
32 (8) disputes referred by
a court, an attorney, a law enforcement of-
33 ficer, a social service agency, a school or
any other interested person or
34 agency, including the request of the
parties involved.
35 (b) A case may be
referred prior to the commencement of formal
36 judicial proceedings or may be referred as
a pending court case. If a court
37 refers a case, information shall be
provided to the court as to whether an
38 agreement was reached and, if available, a
copy of the signed agreement
39 shall be provided to the court.
40 (c) Before the dispute
resolution process begins, the neutral person
41 conducting the process shall provide the
parties with a written statement
42 setting forth the procedures to be
followed.
43 Sec. 3. K.S.A.
20-164 is hereby amended to read as follows: 20-164.

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1 (a) The supreme court shall establish
by rule an expedited judicial process
2 which shall be used in the
establishment, modification and enforcement
3 of orders of support pursuant to the
Kansas parentage act; K.S.A. 23-451
4 et seq., 39-718a, 39-755,
60-1610, and amendments thereto, or K.S.A. 39-
5 718b, and amendments thereto; K.S.A.
38-1542, 38-1543 or 38-1563, and
6 amendments thereto; or K.S.A.
23-4,105 through 23-4,118 and amend-
7 ments thereto; or K.S.A. 23-4,125
through 23-4,137, and amendments
8 thereto.
9 (b) The supreme
court shall establish by rule an expedited judicial
10 process for the enforcement of court orders
granting a parent visitation
11 rights toparenting
time with the parent's child.
12 Sec. 4. K.S.A. 1997
Supp. 20-302b is hereby amended to read as
13 follows: 20-302b. (a) A district magistrate
judge shall have the jurisdiction,
14 power and duty, in any case in which a
violation of the laws of the state
15 is charged, to conduct the trial of traffic
infractions, cigarette or tobacco
16 infractions or misdemeanor charges and the
preliminary examination of
17 felony charges. In civil cases, a district
magistrate judge shall have con-
18 current jurisdiction, powers and duties
with a district judge, except that,
19 unless otherwise specifically provided in
subsection (b), a district magis-
20 trate judge shall not have jurisdiction or
cognizance over the following
21 actions:
22 (1) Any action, other
than an action seeking judgment for an unse-
23 cured debt not sounding in tort and arising
out of a contract for the
24 provision of goods, services or money, in
which the amount in contro-
25 versy, exclusive of interests and costs,
exceeds $10,000, except that in
26 actions of replevin, the affidavit in
replevin or the verified petition fixing
27 the value of the property shall govern the
jurisdiction; nothing in this
28 paragraph shall be construed as limiting
the power of a district magistrate
29 judge to hear any action pursuant to the
Kansas probate code or to issue
30 support orders as provided by paragraph (6)
of this subsection;
31 (2) actions against any
officers of the state, or any subdivisions
32 thereof, for misconduct in office;
33 (3) actions for specific
performance of contracts for real estate;
34 (4) actions in which
title to real estate is sought to be recovered or
35 in which an interest in real estate, either
legal or equitable, is sought to
36 be established, except that nothing in this
paragraph shall be construed
37 as limiting the right to bring an action
for forcible detainer as provided
38 in the acts contained in article 23 of
chapter 61 of the Kansas Statutes
39 Annotated, and any acts amendatory thereof
or supplemental thereto; and
40 nothing in this paragraph shall be
construed as limiting the power of a
41 district magistrate judge to hear any
action pursuant to the Kansas probate
42 code;
43 (5) actions to foreclose
real estate mortgages or to establish and fore-

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1 close liens on real estate as
provided in the acts contained in article 11 of
2 chapter 60 of the Kansas Statutes
Annotated, and any acts amendatory
3 thereof or supplemental thereto;
4 (6) actions for
divorce, separate maintenance or custody of minor
5 children, except that nothing in this
paragraph shall be construed as lim-
6 iting the power of a district
magistrate judge to: (A) Hear any action
7 pursuant to the Kansas code for care
of children or the Kansas juvenile
8
offendersjustice code; (B)
establish, modify or enforce orders of support,
9 including, but not limited to, orders
of support pursuant to the Kansas
10 parentage act, K.S.A. 23-451 et
seq., 39-718a, 39-718b, 39-755 or 60-1610
11 or K.S.A. 23-4,105 through 23-4,118,
23-4,125 through 23-4,137, 38-
12 1542, 38-1543 or 38-1563, and amendments
thereto; or (C) enforce or-
13 ders granting a parent
visitation rights toparenting time
with the parent's
14 child;
15 (7) habeas corpus;
16 (8) receiverships;
17 (9) change of name;
18 (10) declaratory
judgments;
19 (11) mandamus and quo
warranto;
20 (12) injunctions;
21 (13) class actions;
22 (14) rights of
majority;
23 (15) actions pursuant to
the protection from abuse act; and
24 (16) actions pursuant to
K.S.A. 59-29a01 et seq. and amendments
25 thereto.
26 (b) Notwithstanding the
provisions of subsection (a), in the absence,
27 disability or disqualification of a
district judge, a district magistrate judge
28 may:
29 (1) Grant a restraining
order, as provided in K.S.A. 60-902 and
30 amendments thereto;
31 (2) appoint a receiver,
as provided in K.S.A. 60-1301 and amend-
32 ments thereto;
33 (3) make any order
authorized by K.S.A. 60-1607 and amendments
34 thereto; and
35 (4) grant any order
authorized by the protection from abuse act.
36 (c) In accordance with
the limitations and procedures prescribed by
37 law, and subject to any rules of the
supreme court relating thereto, any
38 appeal permitted to be taken from an order
or final decision of a district
39 magistrate judge shall be tried and
determined de novo by a district judge,
40 except that in civil cases where a record
was made of the action or pro-
41 ceeding before the district magistrate
judge, the appeal shall be tried and
42 determined on the record by a district
judge.
43 (d) Upon motion of a
party, the administrative judge may reassign an

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1 action from a district magistrate
judge to a district judge.
2
Sec. 5. K.S.A. 21-3422 is hereby amended to read as
follows: 21-
3 3422. (a) Interference with parental
custody is leading, taking, carrying
4 away, decoying or enticing away any
child under the age of 16 years with
5 the intent to detain or conceal such
child from its parent, guardian, or
6 other person having the lawful charge
of such child.
7 (b) It is not a
defense to a prosecution under this section that the
8 defendant is a parent entitled to
joint shared custody of the child either
9 on the basis of a court order or by
virtue of the absence of a court order.
10
(c) (1) Interference with parental custody is a class A
person mis-
11 demeanor if the perpetrator is a parent
entitled to joint shared custody
12 of the child either on the basis of a court
order or by virtue of the absence
13 of a court order.
14 (2) Interference with
parental custody is a severity level 10, person
15 felony in all other cases.
16 Sec. 6. K.S.A.
21-3422a is hereby amended to read as follows: 21-
17 3422a. (a) Aggravated interference with
parental custody is:
18 (1) Hiring someone to
commit the crime of interference with paren-
19 tal custody, as defined by K.S.A. 21-3422
and amendments thereto; or
20 (2) the commission of
interference with parental custody, as defined
21 by K.S.A. 21-3422 and amendments thereto,
by a person who:
22 (A) Has previously been
convicted of the crime;
23 (B) commits the crime
for hire;
24 (C) takes the child
outside the state without the consent of either the
25 person having custody or the court;
26 (D) after lawfully
taking the child outside the state while exercising
27 visitationparenting time or custody rights, refuses to return the
child at
28 the expiration of the rights;
29 (E) at the expiration of
visitationparenting time or
custody rights
30 outside the state, refuses to return or
impedes the return of the child; or
31 (F) detains or conceals
the child in an unknown place, whether inside
32 or outside the state.
33 (b) Aggravated
interference with parental custody is a severity level
34 7, person felony.
35 (c) This section shall
be a part of and supplemental to the Kansas
36 criminal code.
37 Sec. 7. K.S.A.
21-3818 is hereby amended to read as follows: 21-
38 3818. (a) Falsely reporting a crime is
informing a law enforcement officer
39 or state investigative agency that a crime
has been committed, knowing
40 that such information is false and
intending that the officer or agency
41 shall act in reliance upon such
information.
42 (b) Falsely reporting a
crime is a class A nonperson misdemeanor.
43 (c) Falsely reporting
a crime when such crime is an alleged violation

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6

1 of abuse of a child, K.S.A.
21-3609 and amendments thereto, interference
2 with parental custody, K.S.A.
21-3422 and amendments thereto, or ag-
3 gravated interference with
parental custody, K.S.A. 21-3422a and amend-
4 ments thereto, is a severity level
10, nonperson felony.
5 (d) If a person
is convicted pursuant to subsection (c), in addition to
6 any other penalty or fine, such
person shall be liable for all costs relating
7 to the defense and exoneration of
the falsely accused person.
8
Sec. 8. K.S.A. 23-601 is hereby amended to read as
follows: 23-601.
9 Mediation under this section is the
process by which a neutral mediator
10 appointed by the court, or by a hearing
officer in a proceeding pursuant
11 to K.S.A. 23-701, and amendments
thereto, assists the parties in reaching
12 a mutually acceptable agreement as to
issues of child custody and
visita-
13 tionparenting
time. The role of the mediator is to aid the parties in
14 identifying the issues, reducing
misunderstandings, clarifying priorities,
15 exploring areas of compromise and finding
points of agreement. An agree-
16 ment reached by the parties is to be based
on the decisions of the parties
17 and not the decisions of the mediator.
18 Sec. 9. K.S.A.
23-602 is hereby amended to read as follows: 23-602.
19 (a) The court may order mediation of any
contested issue of child custody
20 or visitationparenting time at any time, upon the motion of a party or
on
21 the court's own motion. A hearing officer
in a proceeding pursuant to
22 K.S.A. 23-701 may order mediation of a
contested issue of child
visitation
23 parenting time in such a
proceeding.
24 (b) If the court or
hearing officer orders mediation under subsection
25 (a), the court or hearing officer shall
appoint a mediator, taking into con-
26 sideration the following:
27 (1) An agreement by the
parties to have a specific mediator appointed
28 by the court or hearing officer;
29 (2) the nature and
extent of any relationships the mediator may have
30 with the parties and any personal,
financial or other interests the mediator
31 may have which could result in bias or a
conflict of interest;
32 (3) the mediator's
knowledge of (A) the Kansas judicial system and
33 the procedure used in domestic relations
cases, (B) other resources in the
34 community to which parties can be referred
for assistance, (C) child de-
35 velopment, (D) clinical issues relating to
children, (E) the effects of di-
36 vorce on children and (F) the psychology of
families; and
37 (4) the mediator's
training and experience in the process and tech-
38 niques of mediation.
39 Sec. 10. K.S.A.
23-701 is hereby amended to read as follows: 23-701.
40 (a) The purpose of this section is to
enhance the enforcement of child
41 visitation
rightsparenting time granted by court order by
establishing an
42 expedited procedure which is simplified
enough to provide justice without
43 necessitating the assistance of legal
counsel.

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7

1 (b) If a parent
has been granted visitation rightsparenting time pur-
2 suant to K.S.A. 38-1121 or 60-1616,
and amendments thereto, and such
3 rights are denied or interfered with
by the other parent, the parent having
4 visitation
rightsparenting time may file with the clerk of
the district court
5 a motion for enforcement of such
rights. Such motion shall be filed on a
6 form provided by the clerk of the
court. Upon the filing of the motion,
7 the administrative judge of the
district court shall assign a judge of the
8 district court or the court trustee
as a hearing officer to hear the motion.
9 The hearing officer shall
immediately:
10 (1) Issue ex
parte an order for mediation in accordance with K.S.A.
11 23-601 et seq., and amendments
thereto; or
12 (2) set a time and place
for a hearing on the motion, which shall be
13 not more than 21 days after the filing of
the motion.
14 (c) If mediation ordered
pursuant to subsection (b) is completed, the
15 mediator shall submit a summary of the
parties' understanding to the
16 hearing officer within five days after it
is signed by the parties. Upon
17 receipt of the summary, the hearing officer
shall enter an order in ac-
18 cordance with the parties' agreement or set
a time and place for a hearing
19 on the matter, which shall be not more than
10 days after the summary
20 is received by the hearing officer.
21 (d) If mediation ordered
pursuant to subsection (b) is terminated
22 pursuant to K.S.A. 23-604 and amendments
thereto, the mediator shall
23 report the termination to the hearing
officer within five days after the
24 termination. Upon receipt of the report, if
the hearing officer is a district
25 judge, such judge shall set the matter for
hearing. If the hearing officer
26 is a district magistrate judge or a court
trustee, the administrative judge
27 shall assign the matter to a district judge
who shall set the matter for
28 hearing. Any such hearing shall be not more
than 10 days after the me-
29 diator's report of termination is received
by the hearing officer.
30 (e) Notice of the
hearing date set by the hearing officer shall be given
31 to all interested parties by certified
mail, return receipt requested, or as
32 the court may order.
33 (f) If, upon a hearing
pursuant to subsection (b), (c) or (d), the hear-
34 ing officer or judge finds that
visitation rightsthe parenting
time of one
35 parent have been unreasonably denied or
interfered with by the other
36 parent, the hearing officer or judge may
enter an order providing for one
37 or more of the following:
38 (1) A specific
visitationparenting time
schedule;
39 (2) compensating
visitationparenting time for
the visitationparenting
40 time denied or interfered with,
which time shall be of the same type (e.g.,
41 holiday, weekday, weekend, summer) as that
denied or interfered with
42 and shall be at the convenience of the
parent whose visitationparenting
43 time was denied or interfered
with;

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8

1 (3) the posting of
a bond, either cash or with sufficient sureties, con-
2 ditioned upon compliance with the
order granting visitation rightspar-
3 enting time;
4 (4) assessment of
reasonable attorney fees, mediation costs and costs
5 of the proceedings to enforce
visitation rightsparenting
time against the
6 parent who unreasonably denied or
interfered with the other parent's
7 visitation
rightsparenting time;
8 (5) attendance of
one or both parents at counseling or educational
9 sessions which focus on the impact of
visitationparenting time
disputes
10 on children;
11 (6) supervised
visitationparenting time;
or
12 (7) any other remedy
which the hearing officer or judge considers
13 appropriate, except that, if a hearing
officer is a district magistrate judge
14 or court trustee, the hearing officer shall
not enter any order which grants,
15 or modifies a previous order granting,
child support, child custody or
16 maintenance.
17 (g) Decisions of
district magistrate judges or court trustees appointed
18 pursuant to this section shall be subject
to review by a district judge on
19 the motion of any party filed within 10
days after the order was entered.
20 (h) In no case shall
final disposition of a motion filed pursuant to this
21 section take place more than 45 days after
the filing of such motion.
22 Sec. 11. K.S.A.
1997 Supp. 23-9,305 is hereby amended to read as
23 follows: 23-9,305. (a) When a responding
tribunal of this state receives a
24 petition or comparable pleading from an
initiating tribunal or directly
25 pursuant to subsection (c) of K.S.A.
23-9,301 and amendments thereto
26 (proceedings under this act), it shall
cause the petition or pleading to be
27 filed and notify the petitioner only by
personal service or registered mail,
28 return receipt requested where and when it
was filed.
29 (b) A responding
tribunal of this state, to the extent otherwise au-
30 thorized by law, may do one or more of the
following:
31 (1) Issue or enforce a
support order, modify a child support order or
32 render a judgment to determine
parentage;
33 (2) order an obligor to
comply with a support order, specifying the
34 amount and the manner of compliance;
35 (3) order income
withholding;
36 (4) determine the amount
of any arrearages, and specify a method of
37 payment;
38 (5) enforce orders by
civil or criminal contempt, or both;
39 (6) set aside property
for satisfaction of the support order;
40 (7) place liens and
order execution on the obligor's property;
41 (8) order an obligor to
keep the tribunal informed of the obligor's
42 current residential address, telephone
number, employer, address of em-
43 ployment and telephone number at the place
of employment;

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9

1 (9) issue a bench
warrant for an obligor who has failed after proper
2 notice to appear at a hearing ordered
by the tribunal and enter the bench
3 warrant in any local and state
computer systems for criminal warrants;
4 (10) order the
obligor to seek appropriate employment by specified
5 methods;
6 (11) award
reasonable attorney fees and other fees and costs; and
7 (12) grant any
other available remedy.
8 (c) A responding
tribunal of this state shall include in a support order
9 issued under this act, or in the
documents accompanying the order, the
10 calculations on which the support order is
based.
11 (d) A responding
tribunal of this state may not condition the payment
12 of a support order issued under this act
upon compliance by a party with
13 provisions for
visitationparenting time.
14 (e) If a responding
tribunal of this state issues an order under this
15 act, the tribunal shall send a copy of the
order to the petitioner only by
16 personal service or registered mail, return
receipt requested and the re-
17 spondent and to the initiating tribunal, if
any.
18 Sec. 12. K.S.A.
1997 Supp. 23-1001 is hereby amended to read as
19 follows: 23-1001. Case management under
this act is the process by which
20 a neutral case manager appointed by the
court, or by a hearing officer in
21 a proceeding pursuant to K.S.A. 23-701, and
amendments thereto, or
22 through agreement by the parties, assists
the parties by providing a pro-
23 cedure, other than mediation, which
facilitates negotiation of a plan for
24 child custody or
visitationparenting time. In
the event that the parties
25 are unable to reach an agreement, the case
manager shall make recom-
26 mendations to the court.
27 Sec. 13. K.S.A.
1997 Supp. 23-1002 is hereby amended to read as
28 follows: 23-1002. (a) The court may order
case management, when ap-
29 propriate, of any contested issue of child
custody or visitationparenting
30 time at any time, upon the motion of
a party or on the court's own motion.
31 A hearing officer in a proceeding pursuant
to K.S.A. 23-701, and amend-
32 ments thereto, may order case management,
if appropriate, of a contested
33 issue of child
visitationparenting time in such a proceeding.
34 (b) Cases in which case
management is appropriate shall include one
35 or more of the following circumstances:
36 (1) Private or public
neutral dispute resolution services have been
37 tried and failed to resolve the
disputes;
38 (2) other neutral
services have been determined to be inappropriate
39 for the family;
40 (3) repetitive conflict
occurs within the family, as evidenced by the
41 parties filing at least two motions in a
six-month period for enforcement,
42 modification or change of
visitationparenting time or
custody which are
43 denied by the court; or

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10

1 (4) a parent
exhibits diminished capacity to parent.
2 (c) If the court
or hearing officer orders case management under
3 subsection (a), the court or hearing
officer shall appoint a case manager,
4 taking into consideration the
following:
5 (1) An agreement
by the parties to have a specific case manager ap-
6 pointed by the court or hearing
officer;
7 (2) the financial
circumstances of the parties and the costs assessed
8 by the case manager;
9 (3) the case
manager's knowledge of (A) the Kansas judicial system
10 and the procedure used in domestic
relations cases, (B) other resources
11 in the community to which parties can be
referred for assistance, (C)
12 child development, (D) clinical issues
relating to children, (E) the effects
13 of divorce on children and (F) the
psychology of families; and
14 (4) the case manager's
training and experience in the process and
15 techniques of alternative dispute
resolution and case management.
16 (d) To qualify as an
appointed case manager, an individual shall:
17 (1) Be qualified to
conduct mediation;
18 (2) have experience as a
mediator;
19 (3) attend a workshop,
approved by the district court in which the
20 case is filed, on case management; and
21 (4) participate in
continuing education regarding management issues.
22 Sec. 14. K.S.A.
1997 Supp. 38-1121 is hereby amended to read as
23 follows: 38-1121. (a) The judgment or order
of the court determining the
24 existence or nonexistence of the parent and
child relationship is deter-
25 minative for all purposes, but if any
person necessary to determine the
26 existence of a father and child
relationship for all purposes has not been
27 joined as a party, a determination of the
paternity of the child shall have
28 only the force and effect of a finding of
fact necessary to determine a
29 duty of support.
30 (b) If the judgment or
order of the court is at variance with the child's
31 birth certificate, the court shall order
that a new birth certificate be is-
32 sued, but only if any man named as the
father on the birth certificate is
33 a party to the action.
34 (c) Upon adjudging that
a party is the parent of a minor child, the
35 court shall make provision for support and
education of the child includ-
36 ing the necessary medical expenses incident
to the birth of the child. The
37 court may order the support and education
expenses to be paid by either
38 or both parents for the minor child. When
the child reaches 18 years of
39 age, the support shall terminate unless:
(1) The parent or parents agree,
40 by written agreement approved by the court,
to pay support beyond that
41 time; (2) the child reaches 18 years of age
before completing the child's
42 high school education in which case the
support shall not automatically
43 terminate, unless otherwise ordered by the
court, until June 30 of the

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11

1 school year during which the child
became 18 years of age if the child is
2 still attending high school; or (3)
the child is still a bona fide high school
3 student after June 30 of the school
year during which the child became
4 18 years of age, in which case the
court, on motion, may order support
5 to continue through the school year
during which the child becomes 19
6 years of age so long as the child is
a bona fide high school student and
7 the parents jointly participated or
knowingly acquiesced in the decision
8 which delayed the child's completion
of high school. The court, in ex-
9 tending support pursuant to
subsection (c)(3), may impose such condi-
10 tions as are appropriate and shall set the
child support utilizing the guide-
11 line table category for 16-year through
18-year old children. Provision for
12 payment of support and educational expenses
of a child after reaching 18
13 years of age if still attending high school
shall apply to any child subject
14 to the jurisdiction of the court, including
those whose support was or-
15 dered prior to July 1, 1992. If an
agreement approved by the court prior
16 to July 1, 1988, provides for termination
of support before the date pro-
17 vided by subsection (c)(2), the court may
review and modify such agree-
18 ment, and any order based on such
agreement, to extend the date for
19 termination of support to the date provided
by subsection (c)(2). If an
20 agreement approved by the court prior to
July 1, 1992, provides for ter-
21 mination of support before the date
provided by subsection (c)(3), the
22 court may review and modify such agreement,
and any order based on
23 such agreement, to extend the date for
termination of support to the date
24 provided by subsection (c)(3). For purposes
of this section, ``bona fide
25 high school student'' means a student who
is enrolled in full accordance
26 with the policy of the accredited high
school in which the student is
27 pursuing a high school diploma or a
graduate equivalency diploma
28 (GED). The judgment shall specify the terms
of payment and shall re-
29 quire payment to be made through the clerk
of the district court or the
30 court trustee except for good cause shown.
The judgment may require
31 the party to provide a bond with sureties
to secure payment. The court
32 may at any time during the minority of the
child modify or change the
33 order of support, including any order
issued in a title IV-D case, within
34 three years of the date of the original
order or a modification order, as
35 required by the best interest of the child.
If more than three years has
36 passed since the date of the original order
or modification order, a re-
37 quirement that such order is in the best
interest of the child need not be
38 shown. The court may make a modification of
support retroactive to a
39 date at least one month after the date that
the motion to modify was filed
40 with the court. Any increase in support
ordered effective prior to the date
41 the court's judgment is filed shall not
become a lien on real property
42 pursuant to K.S.A. 60-2202, and amendments
thereto.
43 (d) If both parents are
parties to the action, the court shall enter such

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12

1 orders regarding custody and
visitationparenting time as
the court con-
2 siders to be in the best interest of
the child.
3 (e) In entering an
original order for support of a child under this
4 section, the court may award an
additional judgment to reimburse the
5 expenses of support and education of
the child from the date of birth to
6 the date the order is entered. If the
determination of paternity is based
7 upon a presumption arising under
K.S.A. 38-1114 and amendments
8 thereto, the court shall award an
additional judgment to reimburse all or
9 part of the expenses of support and
education of the child from at least
10 the date the presumption first arose to the
date the order is entered,
11 except that no additional judgment need be
awarded for amounts accrued
12 under a previous order for the child's
support.
13 (f) In determining the
amount to be paid by a parent for support of
14 the child and the period during which the
duty of support is owed, a court
15 enforcing the obligation of support shall
consider all relevant facts in-
16 cluding, but not limited to, the
following:
17 (1) The needs of the
child.
18 (2) The standards of
living and circumstances of the parents.
19 (3) The relative
financial means of the parents.
20 (4) The earning ability
of the parents.
21 (5) The need and
capacity of the child for education.
22 (6) The age of the
child.
23 (7) The financial
resources and the earning ability of the child.
24 (8) The responsibility
of the parents for the support of others.
25 (9) The value of
services contributed by the custodial parent.
26 (g) The provisions of
K.S.A. 23-4,107, and amendments thereto, shall
27 apply to all orders of support issued under
this section.
28 (h) An order granting
visitation rightsparenting
time pursuant to this
29 section may be enforced in accordance with
K.S.A. 23-701, and amend-
30 ments thereto.
31 Sec. 15. K.S.A.
1997 Supp. 38-1138 is hereby amended to read as
32 follows: 38-1138. (a) The state registrar
of vital statistics, in conjunction
33 with the secretary of social and
rehabilitation services, shall review and,
34 as needed, revise acknowledgment of
paternity forms for use under K.S.A.
35 38-1130 and 65-2409a, and amendments
thereto. The acknowledgment
36 of paternity forms shall include or have
attached a written description
37 pursuant to subsection (b) of the rights
and responsibilities of acknowl-
38 edging paternity.
39 (b) A written
description of the rights and responsibilities of acknowl-
40 edging paternity shall state the
following:
41 (1) An acknowledgment of
paternity creates a permanent father and
42 child relationship which can only be ended
by court order. A person who
43 wants to revoke the acknowledgment of
paternity must file the request

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13

1 with the court before the child is
one year old, unless the person was
2 under age 18 when the acknowledgment
of paternity was signed. A person
3 under age 18 when the acknowledgment
was signed has until one year
4 after his or her 18th birthday to
file a request, but if the child is more
5 than one year old then, the judge
will first consider the child's best in-
6 terests.
7 The person will have to
show that the acknowledgment was based on
8 fraud, duress (threat) or an
important mistake of fact, unless the request
9 is filed within 60 days of signing
the acknowledgment or before any court
10 hearing about the child, whichever is
earlier;
11 (2) both the father and
the mother are responsible for the care and
12 support of the child. If necessary, this
duty may be enforced through legal
13 action such as a child support order, an
order to pay birth or other medical
14 expenses of the child or an order to repay
government assistance pay-
15 ments for the child's care. A parent's
willful failure to support the parent's
16 child is a crime;
17 (3) both the father and
the mother have rights of custody and
visi-
18 tationparenting
time with the child unless a court order changes their
19 rights. If necessary, custody and
visitation rightsparenting
time may be
20 spelled out in a court order and
enforced;
21 (4) both the father and
the mother have the right to consent to med-
22 ical treatment for the child unless a court
order changes those rights;
23 (5) the child may
inherit from the father and the father's family or
24 from the mother and the mother's family.
The child may receive public
25 benefits, including, but not limited to,
social security or private benefits,
26 including, but not limited to, insurance or
workers compensation because
27 of the father-child or mother-child
relationship;
28 (6) the father or the
mother may be entitled to claim the child as a
29 dependent for tax or other purposes. The
father or the mother may inherit
30 from the child or the child's descendants;
and
31 (7) each parent has the
right to sign or not sign an acknowledgment
32 of paternity. Each parent has the right to
talk with an attorney before
33 signing an acknowledgment of paternity.
Each parent has the right to be
34 represented by an attorney in any legal
action involving paternity or their
35 rights or duties as a parent. Usually each
person is responsible for hiring
36 the person's own attorney.
37 (c) Any duty to disclose
rights or responsibilities related to signing an
38 acknowledgment of paternity shall have been
met by furnishing the writ-
39 ten disclosures of subsection (b). Any duty
to disclose orally the rights or
40 responsibilities related to signing an
acknowledgment of paternity may be
41 met by means of an audio recording of the
disclosures of subsection (b).
42 (d) An acknowledgment of
paternity completed without the written
43 disclosures of subsection (b) is not
invalid solely for that reason and may

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14

1 create a presumption of paternity
pursuant to K.S.A. 38-1114 and amend-
2 ments thereto. Nothing in K.S.A. 1997
Supp. 38-1136 through 38-1138
3 and amendments thereto shall decrease
the validity, force or effect of an
4 acknowledgment of paternity executed
in this state prior to the effective
5 date of this act.
6 (e) Upon request,
the state registrar of vital statistics shall provide a
7 certified copy of the acknowledgment
of paternity to an office providing
8 IV-D program services.
9
Sec. 16. K.S.A. 38-1302 is hereby amended to read as
follows: 38-
10 1302. As used in the uniform child custody
jurisdiction act:
11 (a) ``Contestant'' means
a person, including a parent, who claims a
12 right to custody or
visitation rightsparenting
time with respect to a child.
13 (b) ``Custody
determination'' means a court decision and court orders
14 and instructions providing for the custody
of a child, including visitation
15 rightsparenting
time; it does not include a decision relating to child sup-
16 port or any other monetary obligation of
any person.
17 (c) ``Custody
proceeding'' includes proceedings in which a custody
18 determination is one of several issues,
such as an action for divorce or
19 separation, and includes proceedings under
the Kansas code for care of
20 children.
21 (d) ``Decree'' or
``custody decree'' means a custody determination
22 contained in a judicial decree or order
made in a custody proceeding, and
23 includes an initial decree and a
modification decree.
24 (e) ``Home state'' means
the state in which the child immediately
25 preceding the time involved lived with the
child's parents, a parent, or a
26 person acting as parent, for at least six
consecutive months, and in the
27 case of a child less than six months old
the state in which the child lived
28 from birth with any of the persons
mentioned. Periods of temporary ab-
29 sence of any of the named persons are
counted as part of the six-month
30 or other period.
31 (f) ``Initial decree''
means the first custody decree concerning a par-
32 ticular child.
33 (g) ``Modification
decree'' means a custody decree which modifies or
34 replaces a prior decree, whether made by
the court which rendered the
35 prior decree or by another court.
36 (h) ``Physical custody''
means actual possession and control of a child.
37 (i) ``Person acting as
parent'' means a person, other than a parent,
38 who has physical custody of a child and who
has either been awarded
39 custody by a court or claims a right to
custody.
40 (j) ``State'' means any
state, territory, or possession of the United
41 States, the Commonwealth of Puerto Rico,
and the District of Columbia.
42 Sec. 17. K.S.A.
38-1309 is hereby amended to read as follows: 38-
43 1309. (a) Every party in a custody
proceeding in the party's first pleading

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15

1 or in an affidavit attached to that
pleading shall give information under
2 oath as to the child's present
address, the places where the child has lived
3 within the last five years, and the
names and present addresses of the
4 persons with whom the child has lived
during that period. In this pleading
5 or affidavit every party shall
further declare under oath whether:
6 (1) The party has
participated (as a party, witness, or in any other
7 capacity) in any other litigation
concerning the custody of the same child
8 in this or any other state;
9 (2) the party has
information of any custody proceeding concerning
10 the child pending in a court of this or any
other state; and
11 (3) the party knows of
any person not a party to the proceedings who
12 has physical custody of the child or claims
to have custody or visitation
13 rightsparenting
time with respect to the child.
14 (b) If the declaration
as to any of the above items is in the affirmative
15 the declarant shall give additional
information under oath as required by
16 the court. The court may examine the
parties under oath as to details of
17 the information furnished and as to other
matters pertinent to the court's
18 jurisdiction and the disposition of the
case.
19 (c) Each party has a
continuing duty to inform the court of any cus-
20 tody proceeding concerning the child in
this or any other state of which
21 the party obtained information during this
proceeding.
22 (d) Any party who
submits information pursuant to this section know-
23 ing the same to be false shall, upon
conviction, be deemed guilty of a
24 class C nonperson misdemeanor.
25 Sec. 18. K.S.A.
38-1310 is hereby amended to read as follows: 38-
26 1310. If the court learns from information
furnished by the parties pur-
27 suant to K.S.A. 38-1309 and amendments
thereto or from other sources
28 that a person not a party to the custody
proceeding has physical custody
29 of the child or claims to have custody or
visitation rightsparenting
time
30 with respect to the child, it shall order
that person to be joined as a party
31 and to be duly notified of the pendency of
the proceeding and of such
32 person's joinder as a party. If the person
joined as a party is outside this
33 state the person shall be served with
process or otherwise notified in
34 accordance with K.S.A. 38-1305 and
amendments thereto.
35 Sec. 19. K.S.A.
1997 Supp. 38-1563 is hereby amended to read as
36 follows: 38-1563. (a) After consideration
of any evidence offered relating
37 to disposition, the court may retain
jurisdiction and place the child in the
38 custody of the child's parent subject to
terms and conditions which the
39 court prescribes to assure the proper care
and protection of the child,
40 including supervision of the child and the
parent by a court services of-
41 ficer, or may order the child and the
parent to participate in programs
42 operated by the secretary or another
appropriate individual or agency.
43 The terms and conditions may require any
special treatment or care which

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16

1 the child needs for the child's
physical, mental or emotional health.
2 (b) The duration
of any period of supervision or other terms or con-
3 ditions shall be for an initial
period of no more than 18 months. The
4 court, at the expiration of that
period, upon a hearing and for good cause
5 shown, may make successive extensions
of the supervision or other terms
6 or conditions for up to 12 months at
a time.
7 (c) The court may
order the child and the parents of any child who
8 has been adjudged a child in need of
care to attend counseling sessions
9 as the court directs. The expense of
the counseling may be assessed as
10 an expense in the case. No mental health
center shall charge a greater
11 fee for court-ordered counseling than the
center would have charged to
12 the person receiving counseling if the
person had requested counseling
13 on the person's own initiative.
14 (d) If the court finds
that placing the child in the custody of a parent
15 will not assure protection from physical,
mental or emotional abuse or
16 neglect or sexual abuse or will not be in
the best interests of the child,
17 the court shall enter an order awarding
custody of the child, until the
18 further order of the court, to one of the
following:
19 (1) A relative of the
child or a person with whom the child has close
20 emotional ties;
21 (2) any other suitable
person;
22 (3) a shelter facility;
or
23 (4) the secretary.
24 In making such a custody
order, the court shall give preference, to the
25 extent that the court finds it is in the
best interests of the child, first to
26 granting custody to a relative of the child
and second to granting custody
27 of the child to a person with whom the
child has close emotional ties. If
28 the court has awarded legal custody based
on the finding specified by this
29 subsection, the legal custodian shall not
return the child to the home of
30 that parent without the written consent of
the court.
31 (e) When the custody of
the child is awarded to the secretary:
32 (1) The court may
recommend to the secretary where the child
33 should be placed.
34 (2) The secretary shall
notify the court in writing of any placement
35 of the child or, within 10 days of the
order awarding the custody of the
36 child to the secretary, any proposed
placement of the child, whichever
37 occurs first.
38 (3) The court may
determine if such placement is in the best interests
39 of the child, and if the court determines
that such placement is not in the
40 best interests of the child, the court
shall notify the secretary who shall
41 then make an alternative placement subject
to the procedures established
42 in this paragraph. In determining if such
placement is in the best interests
43 of the child, the court, after providing
the parties with an opportunity to

SB 629

17

1 be heard, shall consider the health
and safety needs of the child and the
2 resources available to meet the needs
of children in the custody of the
3 secretary.
4 (f) If custody of
a child is awarded under this section to a person
5 other than the child's parent, the
court may grant any individual reason-
6 able rights to visit the child upon
motion of the individual and a finding
7 that the parenting time or
visitation rights would be in the best interests
8 of the child.
9 (g) If the court
issues an order of custody pursuant to this section,
10 the court may enter an order restraining
any alleged perpetrator of phys-
11 ical, sexual, mental or emotional abuse of
the child from residing in the
12 child's home; visiting, contacting,
harassing or intimidating the child; or
13 attempting to visit, contact, harass or
intimidate the child.
14 (h) The court shall not
enter an order removing a child from the
15 custody of a parent pursuant to this
section unless the court first finds
16 from evidence presented by the petitioner
that reasonable efforts have
17 been made to prevent or eliminate the need
for removal of the child or
18 that an emergency exists which threatens
the safety of the child and re-
19 quires the immediate removal of the child.
Such findings shall be included
20 in any order entered by the court.
21 (i) In addition to or in
lieu of any other order authorized by this
22 section, if a child is adjudged to be a
child in need of care by reason of a
23 violation of the uniform controlled
substances act (K.S.A. 65-4101 et seq.
24 and amendments thereto) or K.S.A. 41-719,
41-804, 41-2719, 65-4152,
25 65-4153, 65-4154 or 65-4155, and amendments
thereto, the court shall
26 order the child to submit to and complete
an alcohol and drug evaluation
27 by a community-based alcohol and drug
safety action program certified
28 pursuant to K.S.A. 8-1008 and amendments
thereto and to pay a fee not
29 to exceed the fee established by that
statute for such evaluation. If the
30 court finds that the child and those
legally liable for the child's support
31 are indigent, the fee may be waived. In no
event shall the fee be assessed
32 against the secretary or the department of
social and rehabilitation serv-
33 ices.
34 (j) In addition to any
other order authorized by this section, if child
35 support has been requested and the parent
or parents have a duty to
36 support the child, the court may order one
or both parents to pay child
37 support and, when custody is awarded to the
secretary, the court shall
38 order one or both parents to pay child
support. The court shall determine,
39 for each parent separately, whether the
parent is already subject to an
40 order to pay support for the child. If the
parent is not presently ordered
41 to pay support for any child who is a ward
of the court and the court has
42 personal jurisdiction over the parent, the
court shall order the parent to
43 pay child support in an amount determined
under K.S.A. 38-1595 and

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18

1 amendments thereto. Except for good
cause shown, the court shall issue
2 an immediate income withholding order
pursuant to K.S.A. 23-4,105 et
3 seq. and amendments thereto
for each parent ordered to pay support
4 under this subsection, regardless of
whether a payor has been identified
5 for the parent. A parent ordered to
pay child support under this subsec-
6 tion shall be notified, at the
hearing or otherwise, that the child support
7 order may be registered pursuant to
K.S.A. 38-1597 and amendments
8 thereto. The parent shall also be
informed that, after registration, the
9 income withholding order may be
served on the parent's employer with-
10 out further notice to the parent and the
child support order may be en-
11 forced by any method allowed by law.
Failure to provide this notice shall
12 not affect the validity of the child
support order.
13 Sec. 20. K.S.A.
1997 Supp. 38-1569 is hereby amended to read as
14 follows: 38-1569. The report made by foster
parents and provided by the
15 department of social and rehabilitation
services, pursuant to K.S.A. 38-
16 1565, and amendments thereto, shall be in
substantially the following
17 form:
18

2 8. If
visitationparenting time with
parents has occurred, describe the frequency of visits,
3 with whom, supervised or
unsupervised, and any significant events which have occurred.
4
____________________________________________________________________________
5
____________________________________________________________________________
6 9. Your opinion regarding the
overall adjustment, progress and condition of the child:
7
____________________________________________________________________________
8
____________________________________________________________________________
9 10. Do you have any special
concerns or comments with regard to the child not addressed
10 by this form? Please specify.
11
____________________________________________________________________________
12
____________________________________________________________________________
13
____________________________________________________________________________
14
____________________________________________________________________________
15
____________________________________________________________________________
16 Sec. 21. K.S.A.
1997 Supp. 38-1583 is hereby amended to read as
17 follows: 38-1583. (a) When the child has
been adjudicated to be a child
18 in need of care, the court may terminate
parental rights when the court
19 finds by clear and convincing evidence that
the parent is unfit by reason
20 of conduct or condition which renders the
parent unable to care properly
21 for a child and the conduct or condition is
unlikely to change in the
22 foreseeable future.
23 (b) In making a
determination hereunder the court shall consider,
24 but is not limited to, the following, if
applicable:
25 (1) Emotional illness,
mental illness, mental deficiency or physical
26 disability of the parent, of such duration
or nature as to render the parent
27 unlikely to care for the ongoing physical,
mental and emotional needs of
28 the child;
29 (2) conduct toward a
child of a physically, emotionally or sexually
30 cruel or abusive nature;
31 (3) excessive use of
intoxicating liquors or narcotic or dangerous
32 drugs;
33 (4) physical, mental or
emotional neglect of the child;
34 (5) conviction of a
felony and imprisonment;
35 (6) unexplained injury
or death of another child or stepchild of the
36 parent;
37 (7) reasonable efforts
by appropriate public or private child caring
38 agencies have been unable to rehabilitate
the family; and
39 (8) lack of effort on
the part of the parent to adjust the parent's cir-
40 cumstances, conduct or conditions to meet
the needs of the child.
41 (c) In addition to the
foregoing, when a child is not in the physical
42 custody of a parent, the court, in
proceedings concerning the termination
43 of parental rights, shall also consider,
but is not limited to the following:

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20

1 (1) Failure to
assure care of the child in the parental home when able
2 to do so;
3 (2) failure to
maintain regular visitationparenting time, contact or
4 communication with the child or with
the custodian of the child;
5 (3) failure to
carry out a reasonable plan approved by the court di-
6 rected toward the integration of the
child into the parental home; and
7 (4) failure to pay
a reasonable portion of the cost of substitute physical
8 care and maintenance based on ability
to pay.
9 In making the above
determination, the court may disregard incidental
10 visitations, contacts, communications or
contributions.
11 (d) The rights of the
parents may be terminated as provided in this
12 section if the court finds that the parents
have abandoned the child or
13 the child was left under such circumstances
that the identity of the par-
14 ents is unknown and cannot be ascertained,
despite diligent searching,
15 and the parents have not come forward to
claim the child within three
16 months after the child is found.
17 (e) The existence of any
one of the above standing alone may, but
18 does not necessarily, establish grounds for
termination of parental rights.
19 The determination shall be based on an
evaluation of all factors which
20 are applicable. In considering any of the
above factors for terminating the
21 rights of a parent, the court shall give
primary consideration to the phys-
22 ical, mental or emotional condition and
needs of the child. If presented
23 to the court and subject to the provisions
of K.S.A. 60-419, and amend-
24 ments thereto, the court shall consider as
evidence testimony from a
25 person licensed to practice medicine and
surgery, a licensed psychologist
26 or a licensed social worker expressing an
opinion relating to the physical,
27 mental or emotional condition and needs of
the child. The court shall
28 consider any such testimony only if the
licensed professional providing
29 such testimony is subject to
cross-examination.
30 (f) A termination of
parental rights under the Kansas code for care
31 of children shall not terminate the right
of the child to inherit from or
32 through the parent. Upon such termination,
all the rights of birth parents
33 to such child, including their right to
inherit from or through such child,
34 shall cease.
35 Sec. 22. K.S.A.
38-1597 is hereby amended to read as follows: 38-
36 1597. (a) A party entitled to receive child
support under an order issued
37 pursuant to the Kansas code for care of
children may file with the clerk
38 of the district court in the county in
which the judgment was rendered
39 the original child support order and the
original income withholding or-
40 der, if any. If the original child support
or income withholding order is
41 unavailable for any reason, a certified or
authenticated copy of the order
42 may be substituted. The clerk of the
district court shall number the child
43 support order as a case filed under chapter
60 of the Kansas Statutes

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21

1 Annotated and enter the numbering of
the case on the appearance docket
2 of the case. Registration of a child
support order under this section shall
3 be without cost or docket fee.
4 (b) If the number
assigned to a case under the Kansas code for care
5 of children appears in the caption of
a document filed pursuant to this
6 section, the clerk of the district
court may obliterate that number and
7 replace it with the new case number
assigned pursuant to this section.
8 (c) The filing of
the child support order shall constitute registration
9 under this section. Upon registration
of the child support order, all mat-
10 ters related to that order, including but
not limited to modification of the
11 order, shall proceed under the new case
number. Registration of a child
12 support order under this section does not
confer jurisdiction in the reg-
13 istration case for custody or
visitationparenting time
issues.
14 (d) The party
registering a child support order shall serve a copy of
15 the registered child support order and
income withholding order, if any,
16 upon the interested parties by first-class
mail. The party registering the
17 child support order shall file, in the
privileged official file for each child
18 affected, either a copy of the registered
order showing the new case num-
19 ber or a statement that includes the
caption, new case number and date
20 of registration of the child support
order.
21 (e) If the secretary of
social and rehabilitation services is entitled to
22 receive payment under an order which may be
registered under this sec-
23 tion, the county or district attorney shall
take the actions permitted or
24 required in subsections (a) and (d) on
behalf of the secretary, unless
25 otherwise requested by the secretary.
26 (f) A child support
order registered pursuant to this section shall have
27 the same force and effect as an original
child support order entered under
28 chapter 60 of the Kansas Statutes Annotated
including, but not limited
29 to:
30 (1) The registered order
shall become a lien on the real estate of the
31 judgment debtor in the county from the date
of registration;
32 (2) execution or other
action to enforce the registered order may be
33 had from the date of registration;
34 (3) the registered order
may itself be registered pursuant to any law,
35 including but not limited to the revised
uniform reciprocal enforcement
36 of support act (1968);
37 (4) if any installment
of support due under the registered order be-
38 comes a dormant judgment, it may be revived
pursuant to K.S.A. 60-2404
39 and amendments thereto; and
40 (5) the court shall have
continuing jurisdiction over the parties and
41 subject matter and, except as otherwise
provided in subsection (g), may
42 modify any prior support order when a
material change in circumstances
43 is shown irrespective of the present
domicile of the child or parents. The

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22

1 court may make a modification of
child support retroactive to a date at
2 least one month after the date that
the motion to modify was filed with
3 the court.
4 (g) If a motion to
modify the child support order is filed within three
5 months after the date of registration
pursuant to this section; if no motion
6 to modify the order has previously
been heard and if the moving party
7 shows that the support order was
based upon one or more of the pre-
8 sumptions provided in K.S.A. 38-1595
and amendments thereto or upon
9 a stipulation pursuant to subsection
(c) of K.S.A. 38-1595 and amend-
10 ments thereto, the court shall apply
the Kansas child support guidelines
11 adopted pursuant to K.S.A. 20-165 and
amendments thereto without re-
12 quiring any party to show that a material
change of circumstances has
13 occurred, without regard to any previous
presumption or stipulation used
14 to determine the amount of the child
support order, and irrespective of
15 the present domicile of the child or
parents. Nothing in this subsection
16 shall prevent or limit enforcement of the
support order during the three
17 months after the date of registration.
18 Sec. 23. K.S.A.
1997 Supp. 38-1641 is hereby amended to read as
19 follows: 38-1641. (a) Any parent, guardian,
or person with whom a juve-
20 nile resides who is served with a summons
as provided in K.S.A. 38-1626,
21 and amendments thereto, shall appear with
the juvenile at all juvenile
22 proceedings concerning the juvenile, unless
excused by the court having
23 jurisdiction of the matter.
24 (b) Any person required
by this act to be present at all juvenile pro-
25 ceedings who fails to comply, without good
cause, with the provisions of
26 subsection (a) may be proceeded against for
indirect contempt of court
27 pursuant to the provisions of K.S.A.
20-1204a et seq., and amendments
28 thereto.
29 (c) As used in this
section: (1) ``Good cause'' for failing to appear
30 includes, but is not limited to, a
situation where a parent or guardian:
31 (A) Does not have
physical custody of the juvenile and resides outside
32 of Kansas;
33 (B) has physical custody
of the juvenile, but resides outside of Kansas
34 and appearing in court will result in undue
hardship to such parent or
35 guardian; or
36 (C) resides in Kansas,
but is outside of the state at the time of the
37 juvenile proceeding for reasons other than
avoiding appearance before
38 the court and appearing in court will
result in undue hardship to such
39 parent or guardian.
40 (2) ``Parent'' means and
includes a natural parent who has sole or
41 joint shared custody, regardless of
whether the parent is designated as
42 the primary residential custodian, or an
adoptive parent. Parent does not
43 include a person whose parental rights have
been terminated pursuant to

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23

1 law.
2 (d) If the parent
or guardian of any juvenile cannot be found or fails
3 to appear, the court may proceed with
the case without the presence of
4 such parent or guardian.
5 (e) This section
shall be part of and supplemental to the Kansas ju-
6 venile justice code.
7
Sec. 24. K.S.A. 1997 Supp. 38-1664 is hereby amended to
read as
8 follows: 38-1664. (a) Prior to
placing a juvenile offender in the custody
9 of the commissioner and recommending
out-of-home placement, the
10 court shall consider and determine that,
where consistent with the need
11 for protection of the community:
12 (1) Reasonable efforts
have been made to prevent or eliminate the
13 need for out-of-home placement or
reasonable efforts are not possible
14 due to an emergency threatening the safety
of the juvenile offender or
15 the community; and
16 (2) out-of-home
placement is in the best interests of the juvenile of-
17 fender.
18 (b) When a juvenile
offender has been placed in the custody of the
19 commissioner, the commissioner shall notify
the court in writing of the
20 initial placement of the juvenile offender
as soon as the placement has
21 been accomplished. The court shall have no
power to direct a specific
22 placement by the commissioner, but may make
recommendations to the
23 commissioner. The commissioner may place
the juvenile offender in an
24 institution operated by the commissioner, a
youth residential facility or a
25 community mental health center. If the
court has recommended an
26 out-of-home placement, the commissioner may
not return the juvenile
27 offender to the home from which removed
without first notifying the
28 court of the plan.
29 (c) During the time a
juvenile offender remains in the custody of the
30 commissioner, the commissioner shall report
to the court at least each six
31 months as to the current living arrangement
and social and mental de-
32 velopment of the juvenile offender. If the
juvenile offender is placed
33 outside the juvenile offender's home, a
hearing shall be held not more
34 than 18 months after the juvenile offender
is placed outside the juvenile
35 offender's home and every 12 months
thereafter. If the juvenile offender
36 is placed in foster care, the foster parent
or parents shall submit to the
37 court, at least every six months, a report
in regard to the juvenile of-
38 fender's adjustment, progress and
condition. The juvenile justice author-
39 ity shall notify the foster parent or
parents of the foster parents' or parent's
40 duty to submit such report, on a form
provided by the juvenile justice
41 authority, at least two weeks prior to the
date when the report is due, and
42 the name of the judge and the address of
the court to which the report
43 is to be submitted. Such report shall be
confidential and shall only be

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24

1 reviewed by the court and the child's
attorney.
2 (d) The report
made by foster parents and provided by the commis-
3 sioner of juvenile justice, pursuant
to this section, shall be in substantially
4 the following form:
5

32 8. If
visitationparenting time with
parents has occurred, describe the frequency of visits,
33 with whom, supervised or unsupervised, and
any significant events which have occurred.
34
____________________________________________________________________________
35
____________________________________________________________________________
36 9. Your opinion regarding the overall
adjustment, progress and condition of the child:
37
____________________________________________________________________________
38
____________________________________________________________________________
39 10. Do you have any special concerns
or comments with regard to the child not addressed
40 by this form? Please specify.
41
____________________________________________________________________________
42
____________________________________________________________________________
43
____________________________________________________________________________

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25

1
____________________________________________________________________________
2
____________________________________________________________________________
3
Sec. 25. K.S.A. 1997 Supp. 38-16,119 is hereby amended to
read as
4 follows: 38-16,119. (a) A party
entitled to receive child support under an
5 order issued pursuant to the Kansas
juvenile justice code may file with
6 the clerk of the district court in
the county in which the judgment was
7 rendered the original child support
order and the original income with-
8 holding order, if any. If the
original child support or income withholding
9 order is unavailable for any reason,
a certified or authenticated copy of
10 the order may be substituted. The clerk of
the district court shall number
11 the child support order as a case filed
under chapter 60 of the Kansas
12 Statutes Annotated and enter the numbering
of the case on the appear-
13 ance docket of the case. Registration of a
child support order under this
14 section shall be without cost or docket
fee.
15 (b) If the number
assigned to a case under the Kansas juvenile justice
16 code appears in the caption of a document
filed pursuant to this section,
17 the clerk of the district court may
obliterate that number and replace it
18 with the new case number assigned pursuant
to this section.
19 (c) The filing of the
child support order shall constitute registration
20 under this section. Upon registration of
the child support order, all mat-
21 ters related to that order, including but
not limited to modification of the
22 order, shall proceed under the new case
number. Registration of a child
23 support order under this section does not
confer jurisdiction in the reg-
24 istration case for custody or
visitationparenting time
issues.
25 (d) The party
registering a child support order shall serve a copy of
26 the registered child support order and
income withholding order, if any,
27 upon the interested parties by first-class
mail. The party registering the
28 child support order shall file, in the
official file for each child affected,
29 either a copy of the registered order
showing the new case number or a
30 statement that includes the caption, new
case number and date of reg-
31 istration of the child support order.
32 (e) If the commissioner
of juvenile justice is entitled to receive pay-
33 ment under an order which may be registered
under this section, the
34 county or district attorney shall take the
actions permitted or required in
35 subsections (a) and (d) on behalf of the
commissioner, unless otherwise
36 requested by the commissioner.
37 (f) A child support
order registered pursuant to this section shall have
38 the same force and effect as an original
child support order entered under
39 chapter 60 of the Kansas Statutes Annotated
including, but not limited
40 to:
41 (1) The registered order
shall become a lien on the real estate of the
42 judgment debtor in the county from the date
of registration;
43 (2) execution or other
action to enforce the registered order may be

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26

1 had from the date of
registration;
2 (3) the registered
order may itself be registered pursuant to any law,
3 including but not limited to the
revised uniform reciprocal enforcement
4 of support act (1968);
5 (4) if any
installment of support due under the registered order be-
6 comes a dormant judgment, it may be
revived pursuant to K.S.A. 60-2404
7 and amendments thereto; and
8 (5) the court
shall have continuing jurisdiction over the parties and
9 subject matter and, except as
otherwise provided in subsection (g), may
10 modify any prior support order when a
material change in circumstances
11 is shown irrespective of the present
domicile of the child or parents. The
12 court may make a modification of child
support retroactive to a date at
13 least one month after the date that the
motion to modify was filed with
14 the court.
15 (g) If a motion to
modify the child support order is filed within three
16 months after the date of registration
pursuant to this section; if no motion
17 to modify the order has previously been
heard and if the moving party
18 shows that the support order was based upon
one or more of the pre-
19 sumptions provided in K.S.A. 38-16,117, and
amendments thereto, or
20 upon a stipulation pursuant to subsection
(c) of K.S.A. 38-16,117, and
21 amendments thereto, the court shall apply
the Kansas child support
22 guidelines adopted pursuant to K.S.A.
20-165 and amendments thereto
23 without requiring any party to show that a
material change of circum-
24 stances has occurred, without regard to any
previous presumption or stip-
25 ulation used to determine the amount of the
child support order, and
26 irrespective of the present domicile of the
child or parents. Nothing in
27 this subsection shall prevent or limit
enforcement of the support order
28 during the three months after the date of
registration.
29 Sec. 26. K.S.A.
60-1607 is hereby amended to read as follows: 60-
30 1607. (a) Permissible orders. After
a petition for divorce, annulment or
31 separate maintenance has been filed, the
judge assigned to hear the action
32 may, without requiring bond, make and
enforce by attachment, orders
33 which:
34 (1) Jointly restrain the
parties with regard to disposition of the prop-
35 erty of the parties and provide for the
use, occupancy, management and
36 control of that property;
37 (2) restrain the parties
from molesting or interfering with the privacy
38 or rights of each other;
39 (3) provide for the
joint shared custody of the minor children and the
40 support, if necessary, of either party and
of the minor children during the
41 pendency of the action. Such custody
shall include equal parenting time;
42 (4) make provisions, if
necessary, for the expenses of the suit, includ-
43 ing reasonable attorney's fees, that will
insure to either party efficient

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27

1 preparation for the trial of the
case; or
2 (5) require an
investigation by court service officers into any issue
3 arising in the action.
4 (b) Ex parte
orders. Orders authorized by subsections (a)(1), (2) and
5 (3) may be entered after ex
parte hearing upon compliance with rules of
6 the supreme court, but no ex
parte order shall have the effect of changing
7 the custody of a minor child from the
parent who has had the sole de
8 facto custody of the child to
the other parent unless there is sworn tes-
9 timony to support a showing of
extraordinary circumstances. If an inter-
10 locutory order is issued ex parte,
the court shall hear a motion to vacate
11 or modify the order within 10 days of the
date that a party requests a
12 hearing whether to vacate or modify the
order. In the absence, disability,
13 or disqualification of the judge assigned
to hear the action, any other
14 judge of the district court may make any
order authorized by this section,
15 including vacation or modification or any
order issued by the judge as-
16 signed to hear the action.
17 (c) Support
orders. (1) An order of support obtained pursuant to this
18 section may be enforced by an order of
garnishment as provided in this
19 section.
20 (2) No order of
garnishment shall be issued under this section unless:
21 (A) Ten or more days have elapsed since the
order of support was served
22 upon the party required to pay the support,
and (B) the order of support
23 contained a notice that the order of
support may be enforced by garnish-
24 ment and that the party has a right to
request an opportunity for a hearing
25 to contest the issuance of an order of
garnishment, if the hearing is re-
26 quested by motion filed within five days
after service of the order of
27 support upon the party. If a hearing is
requested, the court shall hold the
28 hearing within five days after the motion
requesting the hearing is filed
29 with the court or at a later date agreed to
by the parties.
30 (3) No bond shall be
required for the issuance of an order of gar-
31 nishment pursuant to this section. Except
as provided in this section,
32 garnishments authorized by this section
shall be subject to the procedures
33 and limitations applicable to other orders
of garnishment authorized by
34 law.
35 (4) A party desiring to
have the order of garnishment issued shall file
36 an affidavit with the clerk of the district
court stating that:
37 (A) The order of support
contained the notice required by this sub-
38 section;
39 (B) ten or more days
have elapsed since the order of support was
40 served upon the party required to pay the
support; and
41 (C) either no hearing
was requested on the issuance of an order of
42 garnishment within the five days after
service of the order of support
43 upon the party required to pay the same or
a hearing was requested and

SB 629

28

1 held and the court did not prohibit
the issuance of an order of garnish-
2 ment.
3 (d) Service of
process. Service of process served under subsection
4 (a)(1) and (2) shall be by personal
service and not by certified mail return
5 receipt requested.
6
Sec. 27. K.S.A. 1997 Supp. 60-1610 is hereby amended to
read as
7 follows: 60-1610. A decree in an
action under this article may include
8 orders on the following matters:
9 (a) Minor
children. (1) Child support and education. The court
shall
10 make provisions for the support and
education of the minor children. The
11 court may modify or change any prior order,
including any order issued
12 in a title IV-D case, within three years of
the date of the original order
13 or a modification order, when a material
change in circumstances is
14 shown, irrespective of the present domicile
of the child or the parents. If
15 more than three years has passed since the
date of the original order or
16 modification order, a material change in
circumstance need not be shown.
17 The court may make a modification of child
support retroactive to a date
18 at least one month after the date that the
motion to modify was filed with
19 the court. Any increase in support ordered
effective prior to the date the
20 court's judgment is filed shall not become
a lien on real property pursuant
21 to K.S.A. 60-2202 and amendments thereto.
Regardless of the type of
22 custodial arrangement ordered by the court,
the court may order the child
23 support and education expenses to be paid
by either or both parents for
24 any child less than 18 years of age, at
which age the support shall ter-
25 minate unless: (A) The parent or parents
agree, by written agreement
26 approved by the court, to pay support
beyond the time the child reaches
27 18 years of age; (B) the child reaches 18
years of age before completing
28 the child's high school education in which
case the support shall not ter-
29 minate automatically, unless otherwise
ordered by the court, until June
30 30 of the school year during which the
child became 18 years of age if
31 the child is still attending high school;
or (C) the child is still a bona fide
32 high school student after June 30 of the
school year during which the
33 child became 18 years of age, in which case
the court, on motion, may
34 order support to continue through the
school year during which the child
35 becomes 19 years of age so long as the
child is a bona fide high school
36 student and the parents jointly
participated or knowingly acquiesced in
37 the decision which delayed the child's
completion of high school. The
38 court, in extending support pursuant to
subsection (a)(1)(C), may impose
39 such conditions as are appropriate and
shall set the child support utilizing
40 the guideline table category for 16-year
through 18-year old children.
41 Provision for payment of support and
educational expenses of a child after
42 reaching 18 years of age if still attending
high school shall apply to any
43 child subject to the jurisdiction of the
court, including those whose sup-

SB 629

29

1 port was ordered prior to July 1,
1992. If an agreement approved by the
2 court prior to July 1, 1988, provides
for termination of support before the
3 date provided by subsection
(a)(1)(B), the court may review and modify
4 such agreement, and any order based
on such agreement, to extend the
5 date for termination of support to
the date provided by subsection
6 (a)(1)(B). If an agreement approved
by the court prior to July 1, 1992,
7 provides for termination of support
before the date provided by subsec-
8 tion (a)(1)(C), the court may review
and modify such agreement, and any
9 order based on such agreement, to
extend the date for termination of
10 support to the date provided by subsection
(a)(1)(C). For purposes of this
11 section, ``bona fide high school student''
means a student who is enrolled
12 in full accordance with the policy of the
accredited high school in which
13 the student is pursuing a high school
diploma or a graduate equivalency
14 diploma (GED). In determining the amount to
be paid for child support,
15 the court shall consider all relevant
factors, without regard to marital
16 misconduct, including the financial
resources and needs of both parents,
17 the financial resources and needs of the
child and the physical and emo-
18 tional condition of the child. Until a
child reaches 18 years of age, the
19 court may set apart any portion of property
of either the husband or wife,
20 or both, that seems necessary and proper
for the support of the child.
21 Every order requiring payment of child
support under this section shall
22 require that the support be paid through
the clerk of the district court or
23 the court trustee except for good cause
shown.
24 (2) Child custody and
residency. (A) Changes in custody. Subject to
25 the provisions of the uniform child custody
jurisdiction act (K.S.A. 38-
26 1301 et seq., and amendments
thereto), the court may change or modify
27 any prior order of custody when a material
change of circumstances is
28 shown.
29 (B) Examination of
parties. The court may order physical or mental
30 examinations of the parties if requested
pursuant to K.S.A. 60-235 and
31 amendments thereto.
32 (3) Child custody or
residency criteria. The court shall determine
33 custody or residency of a child
in accordance with the best interests
of
34 the child.
35
(A) If the parties have a written
agreement concerning the custody
36 or residency of their minor child,
it is presumed that the agreement is in
37 the best interests of the child.
This presumption may be overcome and
38 the court may make a different
order if the court makes specific findings
39 of fact stating why the agreement
is not in the best interests of the child.
40 (B) In
determining the issue of custody or residency of a child,
the
41 court shall consider all relevant
factors, including but not limited to:
42 (i) The length
of time that the child has been under the actual care
43 and control of any person other
than a parent and the circumstances

SB 629

30

1 relating
thereto;
2 (ii) the
desires of the child's parents as to custody or
residency;
3 (iii) the
desires of the child as to the child's custody or
residency;
4 (iv) the
interaction and interrelationship of the child with
parents,
5 siblings and any other person
who may significantly affect the child's best
6 interests;
7 (v) the
child's adjustment to the child's home, school and
community;
8 (vi) the
willingness and ability of each parent to respect and
appre-
9 ciate the bond between the
child and the other parent and to allow for a
10 continuing relationship between the
child and the other parent; and
11 (vii) evidence
of spousal abuse.
12 Neither parent shall
be considered to have a vested interest in the
13 custody or residency of any child
as against the other parent, regardless
14 of the age of the child, and there
shall be no presumption that it is in the
15 best interests of any infant or
young child to give custody or residency to
16 the mother.
17 (4) Types of
custodial arrangements. Subject to the provisions of this
18 article, the court may make any order
relating to custodial arrangements
19 which is in the best
interests of the child. The order shall include, but
20 not be limited to, one of the following, in
the order of preference:
21 (A) Jointsharedcustody.(i) Except as provided in
paragraph (ii) or
22 (iii) or subsection (a)(4)(B), (a)(4)(C)
or (a)(4)(D), the court (male
symbol)yshall
23 place the custody of a child with both
parties on a shared or
joint-custody
24 joint shared custody basis. In that
event, the parties shall have equal rights
25 to make decisions in the best interests of
the child under their custody.
26 Both parents will then be joint shared
custodians. When a child is placed
27 in the joint shared custody of the
child's parents, the court may further
28 determine that the residency of the child
shall be divided either in an
29 equal manner with regard to time of
residency or on the basis of a
primary
30 residency arrangement for the
child. The court , in its discretion,
mayshall
31 require the parents to submit a
detailed plan for implementation of a joint
32 shared custody order upon finding
that both parents are suitable parents
33 or the parents, acting
individually or in concert, may submit a custody
34 implementation plan to the court
prior to issuance of a custody decree.
35 The parenting plan shall be written and
for a period of two years for the
36 benefit of the child's stability. If
adopted by the court, such plan shall be
37 automatically renewed, absent a material
change of circumstances. Par-
38 enting time shall exclude the time spent
in school or daycare by the child.
39 Each parent shall have the right to
provide parenting time in preference
40 to any other daycare placement. If the
parents cannot agree, the court
41 shall effect an order such that each
parent shares time with their children
42 on an equal basis. The court shall have
the discretion to consider reason-
43 able temporary unequal parenting time
during the time the infant is

SB 629

31

1 breast-feeding. However, in
recognition of the importance of the infant's
2 early need to bond with both
parents, the court shall order regular, sub-
3 stantial parenting time to each
parent during this period. The court shall
4 have the discretion to address
situations relating to children where time
5 share is occasionally interrupted
due to emergency medical situations,
6 temporary illness, injury or
rehabilitative care, documented by a physi-
7 cian. If the court does not
order joint shared custody, it shall include in
8 the record the specific findings of
fact upon which the order for custody
9 other than joint shared
custody is based.
10 (ii) Both parents may
agree in writing to an arrangement for the
11 custody of the child that is not joint
shared custody. The court shall im-
12 plement such agreement upon a finding
that both parents are suitable
13 parents.
14 (iii) If the court
finds that a parent has been convicted of an offense
15 which involves abuse of a child, the
court shall determine custody or
16 residency in accordance with the best
interest of the child. Except as
17 provided further, the court, court
officers, caseworkers, evaluators and
18 other court personnel shall not consider
any allegation absent a convic-
19 tion. If a formal criminal complaint of
child abuse has been filed, in order
20 to protect a potential child at risk of
being abused, the court shall have
21 the discretion to refuse parenting time
to the alleged violator or restrict
22 the parenting time of the alleged
violator to supervised parenting time. If
23 formal criminal charges are not filed
within 90 days of the filing of the
24 complaint against the alleged violator,
for the purposes of the child cus-
25 tody matter, the court shall consider
the complaint without merit and
26 shall reinstate parenting time to the
alleged violator. If supervised par-
27 enting time is granted, preference shall
be given to supervised parenting
28 time taking place in an environment
familiar to the child or the alleged
29 violator, or both.
30 (B) Sole custody.In an exceptional case, the court may place the
31 custody of a child with one parent, and the
other parent shall be the
32 noncustodial parent. The custodial parent
shall have the right to make
33 decisions in the best interests of the
child, subject to the visitation rights
34 parenting time of the noncustodial
parent.
35 (C) Divided
custody. In an exceptional case, the court may divide the
36 custody of two or more children between the
parties.
37 (D) Nonparental
custody. If during the proceedings the court deter-
38 mines that there is probable cause to
believe that: (i) The child is a child
39 in need of care as defined by subsections
(a)(1), (2) or (3) of K.S.A. 38-
40 1502 and amendments thereto; (ii) neither
parent is fit to have custody;
41 or (iii) the child is currently residing
with such child's grandparent, grand-
42 parents, aunt or uncle and such relative
has had actual physical custody
43 of such child for a significant length of
time, the court may award tem-

SB 629

32

1 porary custody of the child to such
relative, another person or agency if
2 the court finds the award of custody
to such relative, another person or
3 agency is in the best interests of
the child. In making such a custody
4 order, the court shall give
preference, to the extent that the court finds
5 it is in the best interests of the
child, first to awarding such custody to a
6 relative of the child by blood,
marriage or adoption and second to award-
7 ing such custody to another person
with whom the child has close emo-
8 tional ties. The court shall
require notice of the time and place of the
9 proceedings to be given to all the
child's grandparents at their last known
10 addresses or, if no grandparent is
living or if no living grandparent's
11 address is known, to the closest
relative of each of the child's parents
12 whose address is known. The court
may make temporary orders for care,
13 support, education, parenting time
and visitation that it considers appro-
14 priate. Temporary custody orders are to be
entered in lieu of temporary
15 orders provided for in K.S.A. 38-1542 and
38-1543, and amendments
16 thereto, and shall remain in effect until
there is a final determination
17 under the Kansas code for care of children.
An award of temporary cus-
18 tody under this paragraph shall not
terminate parental rights nor give the
19 court the authority to consent to the
adoption of the child. When the
20 court enters orders awarding temporary
custody of the child to an agency
21 or a person other than the parent but not a
relative as described in subpart
22 (iii), the court shall refer a transcript
of the proceedings to the county or
23 district attorney. The county or district
attorney shall file a petition as
24 provided in K.S.A. 38-1531 and amendments
thereto and may request
25 termination of parental rights pursuant to
K.S.A. 38-1581 and amend-
26 ments thereto. The costs of the proceedings
shall be paid from the general
27 fund of the county. When a final
determination is made that the child is
28 not a child in need of care, the county or
district attorney shall notify the
29 court in writing and the court, after a
hearing, shall enter appropriate
30 custody orders pursuant to this section. If
the same judge presides over
31 both proceedings, the notice is not
required. Any disposition pursuant to
32 the Kansas code for care of children shall
be binding and shall supersede
33 any order under this section. When the
court enters orders awarding
34 temporary custody of the child to a
relative as described in subpart (iii),
35 the court shall annually review the
temporary custody to evaluate whether
36 such custody is still in the best interests
of the child. If the court finds
37 such custody is in the best interests of
the child, such custody shall con-
38 tinue. If the court finds such custody is
not in the best interests of the
39 child, the court shall determine the
custody pursuant to this section.
40 (b) Financial
matters. (1) Division of property. The decree shall
di-
41 vide the real and personal property of the
parties, including any retire-
42 ment and pension plans, whether owned by
either spouse prior to mar-
43 riage, acquired by either spouse in the
spouse's own right after marriage

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33

1 or acquired by the spouses' joint
efforts, by: (A) a division of the property
2 in kind; (B) awarding the property or
part of the property to one of the
3 spouses and requiring the other to
pay a just and proper sum; or (C)
4 ordering a sale of the property,
under conditions prescribed by the court,
5 and dividing the proceeds of the
sale. Upon request, the trial court shall
6 set a valuation date to be used for
all assets at trial, which may be the
7 date of separation, filing or trial
as the facts and circumstances of the case
8 may dictate. The trial court may
consider evidence regarding changes in
9 value of various assets before and
after the valuation date in making the
10 division of property. In dividing
defined-contribution types of retirement
11 and pension plans, the court shall allocate
profits and losses on the non-
12 participant's portion until date of
distribution to that nonparticipant. In
13 making the division of property the court
shall consider the age of the
14 parties; the duration of the marriage; the
property owned by the parties;
15 their present and future earning
capacities; the time, source and manner
16 of acquisition of property; family ties and
obligations; the allowance of
17 maintenance or lack thereof; dissipation of
assets; the tax consequences
18 of the property division upon the
respective economic circumstances of
19 the parties; and such other factors as the
court considers necessary to
20 make a just and reasonable division of
property. The decree shall provide
21 for any changes in beneficiary designation
on: (A) Any insurance or an-
22 nuity policy that is owned by the parties,
or in the case of group life
23 insurance policies, under which either of
the parties is a covered person;
24 (B) any trust instrument under which one
party is the grantor or holds a
25 power of appointment over part or all of
the trust assets, that may be
26 exercised in favor of either party; or (C)
any transfer on death or payable
27 on death account under which one or both of
the parties are owners or
28 beneficiaries. Nothing in this section
shall relieve the parties of the ob-
29 ligation to effectuate any change in
beneficiary designation by the filing
30 of such change with the insurer or issuer
in accordance with the terms
31 of such policy.
32 (2) Maintenance.
The decree may award to either party an allowance
33 for future support denominated as
maintenance, in an amount the court
34 finds to be fair, just and equitable under
all of the circumstances. The
35 decree may make the future payments
modifiable or terminable under
36 circumstances prescribed in the decree. The
court may make a modifi-
37 cation of maintenance retroactive to a date
at least one month after the
38 date that the motion to modify was filed
with the court. In any event, the
39 court may not award maintenance for a
period of time in excess of 121
40 months. If the original court decree
reserves the power of the court to
41 hear subsequent motions for reinstatement
of maintenance and such a
42 motion is filed prior to the expiration of
the stated period of time for
43 maintenance payments, the court shall have
jurisdiction to hear a motion

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34

1 by the recipient of the maintenance
to reinstate the maintenance pay-
2 ments. Upon motion and hearing, the
court may reinstate the payments
3 in whole or in part for a period of
time, conditioned upon any modifying
4 or terminating circumstances
prescribed by the court, but the reinstate-
5 ment shall be limited to a period of
time not exceeding 121 months. The
6 recipient may file subsequent motions
for reinstatement of maintenance
7 prior to the expiration of subsequent
periods of time for maintenance
8 payments to be made, but no single
period of reinstatement ordered by
9 the court may exceed 121 months.
Maintenance may be in a lump sum,
10 in periodic payments, on a percentage of
earnings or on any other basis.
11 At any time, on a hearing with reasonable
notice to the party affected,
12 the court may modify the amounts or other
conditions for the payment
13 of any portion of the maintenance
originally awarded that has not already
14 become due, but no modification shall be
made without the consent of
15 the party liable for the maintenance, if it
has the effect of increasing or
16 accelerating the liability for the unpaid
maintenance beyond what was
17 prescribed in the original decree. Every
order requiring payment of main-
18 tenance under this section shall require
that the maintenance be paid
19 through the clerk of the district court or
the court trustee except for good
20 cause shown.
21 (3) Separation
agreement. If the parties have entered into a separa-
22 tion agreement which the court finds to be
valid, just and equitable, the
23 agreement shall be incorporated in the
decree. The provisions of the
24 agreement on all matters settled by it
shall be confirmed in the decree
25 except that any provisions for the custody,
support or education of the
26 minor children shall be subject to the
control of the court in accordance
27 with all other provisions of this article.
Matters settled by an agreement
28 incorporated in the decree, other than
matters pertaining to the custody,
29 support or education of the minor children,
shall not be subject to sub-
30 sequent modification by the court except:
(A) As prescribed by the agree-
31 ment or (B) as subsequently consented to by
the parties.
32 (4) Costs and
fees. Costs and attorney fees may be awarded to either
33 party as justice and equity require. The
court may order that the amount
34 be paid directly to the attorney, who may
enforce the order in the attor-
35 ney's name in the same case.
36 (c) Miscellaneous
matters. (1) Restoration of name. Upon the request
37 of a spouse, the court shall order the
restoration of that spouse's maiden
38 or former name.
39 (2) Effective date as
to remarriage. Any marriage contracted by a
40 party, within or outside this state, with
any other person before a judg-
41 ment of divorce becomes final shall be
voidable until the decree of divorce
42 becomes final. An agreement which waives
the right of appeal from the
43 granting of the divorce and which is
incorporated into the decree or

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35

1 signed by the parties and filed in
the case shall be effective to shorten
2 the period of time during which the
remarriage is voidable.
3
Sec. 28. K.S.A. 60-1612 is hereby amended to read as
follows: 60-
4 1612. (a) If a party fails to comply
with a provision of a decree, temporary
5 order or injunction issued under
K.S.A. 60-1601 et seq., the obligation of
6 the other party to make payments for
support or maintenance or to permit
7
visitationparenting time is
not suspended, but the other party may re-
8 quest by motion that the court grant
an appropriate order.
9 (b) Motions to
modify visitationparenting
time or custody in pro-
10 ceedings where support obligations are
enforced under part D of title IV
11 of the federal social security act (42 USC
& 651 et seq.), as amended,
12 shall be considered proceedings in
connection with the administration of
13 the title IV-D program for the sole purpose
of disclosing information
14 necessary to obtain service of process on
the parent with physical custody
15 of the child.
16 Sec. 29. K.S.A.
60-1614 is hereby amended to read as follows: 60-
17 1614. The court may interview the minor
children in chambers to assist
18 the court in determining custody and
visitationparenting time. The
court
19 may permit counsel to be present at the
interviews. Upon request of any
20 party, the court shall cause a record of
the interview to be made as part
21 of the record in the case.
22 Sec. 30. K.S.A.
1997 Supp. 60-1616 is hereby amended to read as
23 follows: 60-1616. (a) Parents. A
parent not granted custody or residency
24 of the child is entitled to reasonable
visitation rightsparenting
time unless
25 the court finds, after a hearing, that
visitationparenting time would
en-
26 danger seriously the child's physical,
mental, moral or emotional health.
27 (b) Grandparents and
stepparents. Grandparents and stepparents
28 may be granted visitation rights.
29 (c) Modification.
The court may modify an order granting or denying
30 parenting time or visitation rights
whenever modification would serve the
31 best interests of the child.
32 (d) Enforcement of
rights. An order granting visitation
rightsparent-
33 ing time to a parent pursuant to
this section may be enforced in accord-
34 ance with K.S.A. 23-701, and amendments
thereto.
35 (e) Repeated denial
of rights, effect. Repeated unreasonable denial of
36 or interference with
visitation rightsparenting
time granted to a parent
37 pursuant to this section may be considered
a material change of circum-
38 stances which justifies modification of a
prior order of child custody.
39 (f) Repeated child
support misuse, effect. Repeated child support mis-
40 use may be considered a material change of
circumstances which justifies
41 modification of a prior order of child
custody.
42 (g) Court ordered
exchange or visitationparenting timeat a child
43 exchange and visitationparenting timecenter. (1) The court may order

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36

1 exchange or
visitationparenting time to
take place at a child exchange
2 and
visitationparenting time
center, as established in K.S.A. 75-720 and
3 amendments thereto.
4 (2) A parent may
petition the court to modify an order granting
vis-
5 itation rightsparenting time rights to require that the exchange or
transfer
6 of children for
visitationparenting time or
visitationparenting time
take
7 place at a child exchange and
visitationparenting time
center, as estab-
8 lished in K.S.A. 75-720 and
amendments thereto. The court may modify
9 an order granting
visitation rightsparenting
time whenever modification
10 would serve the best interests of the
child.
11 Sec. 31. K.S.A.
60-1617 is hereby amended to read as follows: 60-
12 1617. (a) Family counseling. Upon
motion by any party or on the court's
13 own motion, the court may order at any time
prior to or subsequent to
14 the alteration of the parties' marital
status that the parties and any of their
15 children be interviewed by a psychiatrist,
licensed psychologist or other
16 trained professional in family counseling,
approved by the court, for the
17 purpose of determining whether it is in the
best interests of any of the
18 parties' children that the parties and any
of their children have counseling
19 with regard to matters of custody and
visitationparenting time. The
court
20 shall receive the written opinion of the
professional, and the court shall
21 make the opinion available to counsel upon
request. Counsel may ex-
22 amine as a witness any professional
consulted by the court under this
23 section. If the opinion of the professional
is that counseling is in the best
24 interests of any of the children, the court
may order the parties and any
25 of the children to obtain counseling.
Neither party shall be required to
26 obtain counseling pursuant to this section
if the party objects thereto
27 because the counseling conflicts with
sincerely held religious tenets and
28 practices to which any party is an
adherent.
29 (b) Costs. The
costs of the counseling shall be taxed to either party
30 as equity and justice require.
31 Sec. 32. K.S.A.
1997 Supp. 60-1621 is hereby amended to read as
32 follows: 60-1621. (a) No postdivorce motion
petitioning for a change in
33 child custody, a modification of child
support or a change in visitation
34 parenting time shall be filed or
docketed in the district court without
35 payment of a docket fee in the amount of
$20 to the clerk of the district
36 court.
37 (b) A poverty affidavit
may be filed in lieu of a docket fee as estab-
38 lished in K.S.A. 60-2001, and amendments
thereto.
39 (c) The docket fee shall
be the only costs assessed in each case for
40 services of the clerk of the district court
and the sheriff. The docket fee
41 shall be disbursed in accordance with
subsection (f) of K.S.A. 20-362, and
42 amendments thereto.
43 Sec. 33. K.S.A.
1997 Supp. 60-3107 is hereby amended to read as

SB 629

37

1 follows: 60-3107. (a) The court shall
be empowered to approve any con-
2 sent agreement to bring about a
cessation of abuse of the plaintiff or
3 minor children or grant any of the
following orders:
4 (1) Restraining
the parties from abusing, molesting or interfering
5 with the privacy or rights of each
other or of any minor children of the
6 parties. Such order shall contain a
statement that if such order is violated,
7 such violation may constitute assault
as provided in K.S.A. 21-3408, and
8 amendments thereto, battery as
provided in K.S.A. 21-3412, and amend-
9 ments thereto, and violation of a
protective order as provided in K.S.A.
10 1997 Supp. 21-3843, and amendments
thereto.
11 (2) Granting possession
of the residence or household to a party to
12 the exclusion of the other party, and
further restraining the party not
13 granted possession from entering or
remaining upon or in such residence
14 or household, subject to the limitation of
subsection (c). Such order shall
15 contain a statement that if such order is
violated, such violation shall
16 constitute criminal trespass as provided in
subsection (c) of K.S.A. 21-
17 3721, and amendments thereto, and violation
of a protective order as
18 provided in K.S.A. 1997 Supp. 21-3843, and
amendments thereto.
19 (3) Requiring a party to
provide suitable, alternate housing for such
20 party's spouse and any minor children of
the parties.
21 (4) Awarding temporary
custody and establishing temporary
visitation
22 rightsparenting
time with regard to minor children.
23 (5) Ordering a law
enforcement officer to evict a party from the res-
24 idence or household.
25 (6) Ordering support
payments by a party for the support of a party's
26 minor child or a party's spouse. Such
support orders shall remain in effect
27 until modified or dismissed by the court or
until expiration and shall be
28 for a fixed period of time not to exceed
one year. On the motion of the
29 plaintiff, the court may extend the effect
of such order for 12 months.
30 (7) Awarding costs and
attorney fees to either party.
31 (8) Making provision for
the possession of personal property of the
32 parties and ordering a law enforcement
officer to assist in securing pos-
33 session of that property, if necessary.
34 (9) Requiring the person
against whom the order is issued to seek
35 counseling to aid in the cessation of
abuse.
36 (b) If, within the
period that an order of support issued pursuant to
37 subsection (a)(6) is in existence, a party
files a petition for divorce, sep-
38 arate maintenance or annulment and an
application for temporary sup-
39 port pursuant to K.S.A. 60-1601 et
seq., and amendments thereto, the
40 order of support shall continue in effect
until an order is issued on the
41 application for temporary support or until
such earlier time as ordered
42 by the court on motion of either party at
any time for good cause shown.
43 If a party has previously commenced an
action for divorce, separate main-

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38

1 tenance or annulment prior to
commencement of an action under the
2 protection from abuse act, the court
may enter, pursuant to the protection
3 from abuse act, an order inconsistent
with the order previously entered
4 in the divorce, separate maintenance
or annulment proceeding. If an in-
5 consistent order is entered pursuant
to the protection from abuse act, the
6 order previously entered in the other
proceeding shall be vacated upon
7 motion in the proceeding pursuant to
the protection from abuse act.
8 (c) If the parties
to an action under the protection from abuse act are
9 not married to each other and one
party owns the residence or household,
10 the court shall not have the authority to
grant possession of the residence
11 or household under subsection (a)(2) to the
exclusion of the party who
12 owns it.
13 (d) Subject to the
provisions of subsections (b) and (c), a protective
14 order or approved consent agreement shall
remain in effect until modified
15 or dismissed by the court and shall be for
a fixed period of time not to
16 exceed one year, except that, on motion of
the plaintiff, such period may
17 be extended for one additional year.
18 (e) The court may amend
its order or agreement at any time upon
19 motion filed by either party.
20 (f) No order or
agreement under the protection from abuse act shall
21 in any manner affect title to any real
property.
22 (g) If a person enters
or remains on premises or property violating
23 an order issued pursuant to subsection
(a)(2), such violation shall consti-
24 tute criminal trespass as provided in
subsection (c) of K.S.A. 21-3721, and
25 amendments thereto, and violation of a
protective order as provided in
26 K.S.A. 1997 Supp. 21-3843, and amendments
thereto. If a person abuses,
27 molests or interferes with the privacy or
rights of another violating an
28 order issued pursuant to subsection (a)(1),
such violation may constitute
29 assault as provided in K.S.A. 21-3408, and
amendments thereto, battery
30 as provided in K.S.A. 21-3412, and
amendments thereto, and violation of
31 a protective order as provided in K.S.A.
1997 Supp. 21-3843, and amend-
32 ments thereto.
33 Sec. 34. K.S.A.
1997 Supp. 74-7334 is hereby amended to read as
34 follows: 74-7334. (a) There is hereby
created in the state treasury the
35 crime victims assistance fund. All moneys
credited to the fund pursuant
36 to K.S.A. 12-4117, 19-101e, 19-4707 and
20-367, and amendments
37 thereto, shall be used solely for the
purpose of making grants for on-going
38 operating expenses of programs, including
court-appointed special ad-
39 vocate programs, providing: (1) Temporary
emergency shelter for victims
40 of child abuse and neglect; (2) counseling
and assistance to those victims;
41 or (3) educational services directed at
reducing the incidence of child
42 abuse and neglect and diminishing its
impact on the victim. The remain-
43 der of moneys credited to the fund shall be
used for the purpose of

SB 629

39

1 supporting the operation of state
agency programs which provide services
2 to the victims of crime and making
grants to existing programs or to
3 establish and maintain new programs
providing services to the victims of
4 crime.
5 (b) All
expenditures from the crime victims assistance fund shall be
6 made in accordance with
appropriations acts upon warrants of the direc-
7 tor of accounts and reports issued
pursuant to vouchers approved by the
8 attorney general or by a person or
persons designated by the attorney
9 general.
10 (c) The attorney general
may apply for, receive and accept moneys
11 from any source for the purposes for which
moneys in the crime victims
12 assistance fund may be expended. Upon
receipt of any such moneys, the
13 attorney general shall remit the entire
amount at least monthly to the
14 state treasurer, who shall deposit it in
the state treasury and credit it to
15 the crime victims assistance fund.
16 (d) Grants made to
programs with funds derived from K.S.A. 12-
17 4117, 19-101e, 19-4707 and 20-367 and
amendments thereto shall be
18 based on the numbers of persons served by
the program and shall be
19 made only to programs aimed at preventing
child abuse and neglect or
20 providing residential services or
facilities to victims of child abuse or ne-
21 glect. In order for programs to qualify for
funding under this section, they
22 must:
23 (1) Meet the
requirements of section 501(c) of the internal revenue
24 code of 1986;
25 (2) be registered and in
good standing as a nonprofit corporation;
26 (3) meet normally
accepted standards for nonprofit organizations;
27 (4) have trustees who
represent the racial, ethnic and socioeconomic
28 diversity of the county or counties
served;
29 (5) have received 50% or
more of their funds from sources other than
30 funds distributed through the fund, which
other sources may be public
31 or private and may include contributions of
goods or services, including
32 materials, commodities, transportation,
office space or other types of fa-
33 cilities or personal services;
34 (6) demonstrate ability
to successfully administer programs;
35 (7) make available an
independent certified audit of the previous
36 year's financial records;
37 (8) have obtained
appropriate licensing or certification, or both;
38 (9) serve a significant
number of residents of the county or counties
39 served;
40 (10) not unnecessarily
duplicate services already adequately provided
41 to county residents; and
42 (11) agree to comply
with reporting requirements of the attorney
43 general.

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40

1 The attorney general
may adopt rules and regulations establishing ad-
2 ditional standards for eligibility
and accountability for grants made pur-
3 suant to this section.
4 (e) All moneys
credited to the fund pursuant to K.S.A. 23-108a and
5 amendments thereto, shall be set
aside to use as matching funds for meet-
6 ing any federal requirement for the
purpose of establishing child
7 exchange and
visitationparenting time
centers as provided in K.S.A. 75-
8 720 and amendments thereto. If
no federal funds are made available to
9 the state for the purpose of
establishing such child exchange and
visitation
10 parenting time centers, then such
moneys may be used as otherwise pro-
11 vided in this section. Only those moneys
credited to the fund pursuant
12 to K.S.A. 23-108a, and amendments thereto,
may be used for such match-
13 ing funds. No state general fund moneys
shall be used for such matching
14 funds.
15 Sec. 35. K.S.A.
75-720 is hereby amended to read as follows: 75-720.
16 (a) Subject to the provisions of
appropriation acts, the attorney general
17 shall provide for child exchange and
visitationparenting time
centers
18 throughout the state for victims of
domestic or family violence and their
19 children to allow court-ordered child
exchange or visitationparenting
20 time in a manner that protects the
safety of all family members. The
21 attorney general shall coordinate and
cooperate with local governmental
22 agencies in providing the child exchange
and visitationparenting
time
23 centers.
24 (b) A child exchange and
visitationparenting time
center shall pro-
25 vide:
26 (1) A secure setting and
specialized procedures for supervised
visi-
27 tationparenting
time and the exchange or transfer of children for
visita-
28 tionparenting
time; and
29 (2) supervision by a
person trained in security and the avoidance of
30 domestic and family violence.
31 (c) A child exchange and
visitationparenting time
center is for chil-
32 dren who have been removed from such
children's parents and placed
33 outside the home as a result of abuse or
neglect or other risk of harm to
34 such children and for children whose
parents are separated or divorced
35 and the children are at risk because:
36 (1) There is documented
sexual, physical or emotional abuse as de-
37 termined by the court;
38 (2) there is suspected
or elevated risk of sexual, physical or emotional
39 abuse, or there have been threats of
parental abduction of the child;
40 (3) due to domestic
violence, there is an ongoing risk of harm to a
41 parent or child;
42 (4) a parent is impaired
because of substance abuse or mental illness;
43 (5) there are
allegations that a child is at risk for any of the reasons

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41

1 stated in paragraphs (1) through (4)
pending an investigation; or
2 (6) other
circumstances, as determined by the court, point to the
3 existence of such a risk.
4 (d) The attorney
general may apply for, receive and accept moneys
5 from any source for the purposes of
establishing child exchange and
vis-
6 itationparenting
time centers for victims of domestic violence.
7 (e) There is
hereby created in the state treasury the child exchange
8 and
visitationparenting time
centers fund. All moneys credited to the
9 fund shall be used solely for the
purpose of establishing and maintaining
10 child exchange and
visitationparenting time
centers for victims of do-
11 mestic violence. All expenditures from the
child exchange and visitation
12 parenting time center fund shall be
made in accordance with appropria-
13 tion acts upon warrants of the director of
accounts and reports issued
14 pursuant to vouchers approved by the
attorney general or by the attorney
15 general's designee.
16 New Sec. 36. (a)
The amendments to the law as provided in this act
17 shall constitute a material change in
circumstance for the purpose of any
18 modification of any child custody order
issued prior to July 1, 1998.
19 (b) If any provision of
this act or the application thereof to any person
20 or circumstance is held invalid, the
invalidity does not affect other pro-
21 visions or application of the act which can
be given effect without the
22 invalid provision or application, and to
this end the provisions of this act
23 are severable.
24 Sec. 37. K.S.A.
20-164, 21-3422, 21-3422a, 21-3818, 23-601, 23-602,
25 23-701, 38-1302, 38-1309, 38-1310, 38-1597,
60-1607, 60-1612, 60-1614,
26 60-1617 and 75-720 and K.S.A. 1997 Supp.
5-509, 20-302b, 20-302c,
27 23-9,305, 23-1001, 23-1002, 38-1121,
38-1138, 38-1563, 38-1569,
28 38-1583, 38-1641, 38-1664, 38-16,119,
60-1610, 60-1616, 60-1621, 60-
29 3107 and 74-7334 are hereby repealed.
30 Sec. 38. This act
shall take effect and be in force from and after its
31 publication in the statute book.
32
33